Nativity scene to return to Mound Road in Warren

A family-owned nativity scene first displayed along Mound Road in Warren in 1944 will return after a 4-year absence.

John Satawa’s 8-foot by 8-foot log cabin and statues are scheduled to be shown Dec. 15-29, in the median just south of Chicago Road, marking the end of a federal court dispute.

In 2008, the Freedom from Religion Foundation complained on behalf of an unidentified Macomb County resident to the county Road Commission, and the commission rejected Satawa’s first-ever request for a permit.

Satawa, a longtime resident of Warren, sued in October 2009 in U.S. District Court in Detroit. Two months later, Judge Gerald Rosen rejected his request for a preliminary injunction, ruling that the display created a traffic hazard by blocking the view of vehicles on northbound Mound by motorists heading east on Chicago Road. Rosen dismissed the case in the county’s favor in April 2010.

The Thomas More Law Center appealed on Satawa’s behalf, and a three-judge panel at the U.S. Court of Appeals in Cincinnati ruled last August the road median is a public forum where Satawa could exercise freedom of speech rights, overturning the lower court.

Officials in the Macomb County Department of Roads, which replaced the Road Commission following voter passage of the county charter that went into effect in 2011, is expected to soon grant a permit to Satawa after it receives copies of a $1 million insurance policy and a sign explaining that the display is private.

“I’m extremely pleased Mr. Satawa and his family will be able to continue a 60-plus-year tradition,” said Robert Muise, co-founder of the American Freedom Law Center who argued the case on the Warren man’s behalf along with Thomas More Law Center chief counsel Richard Thompson. Muise said the August ruling will set a precedent in the Sixth Circuit and possibly across the country.

“Hopefully, it will embolden government agencies to protect the free speech rights of Christians, rather than bowing to demands from groups like the American Civil Liberties Union and the Freedom from Religion Foundation,” he said.

Satawa and his lawyers contend the display was never a factor in an accident in 63 years.

“I think it’s lucky,” said Ben Aloia, the attorney for the country roads agency. He pointed out that the characteristics of Mound have changed from the days when Warren was a village, to when it was widened in 1996 to eight lanes used by an average of 82,000 drivers per day.

Aloia said the department wants the nativity scene placed approximately 10 feet from its usual spot to eliminate sight impediments, but confirmed the permit will be finalized.

“It’s the Department of Roads’ job to assess potential risk. That’s what we did in this situation,” Aloia said.

Satawa was 9 years old when he helped his father, Joseph Satawa, and a family friend build the nativity scene for the first time on a cold, mid-December morning.

To the best of his knowledge, the statues first were acquired by the nearby St. Anne’s Catholic Church, but were too big for what the parish had in mind. His father and the other man agreed to build the nativity scene.

After his father’s death in 1965, Satawa carried on the family’s Christmas holiday tradition.

The rejection by the county four years ago and the defeat in U.S. District Court in Detroit left him dismayed. After the legal dispute gained the attention of national media organizations, he felt buoyed by support from people across the county who phoned him or sent letters and emails.

And by his religious faith.“I always said, ‘God’s on my side,’ ” he said.